If you, as the Requesting Party, have incurred out of pocket expenses for your minor child/children’s medical care and your court order states one or both parties are responsible for a percentage of uninsured health care expenses, you are entitled to assistance in collecting a percentage of the uninsured amount.
If your original or most recent court order was entered after October 1, 2004, and it includes an annual ordinary medical expense, you are not eligible for enforcement, until your out of pocket expenses meet or exceed the annual ordinary medical expense amount established in your order.
The Friend of the Court (FOC) will only enforce health care expenses that are less than one year old from the date the expense was incurred, or within six months after the date of the insurance company’s final payment or denial of coverage.
The health care expenses of all payers of child support will be processed as “extraordinary medical expenses,” and the expenses will be apportioned between the parties according to the medical expense percentages established in the support order.
Ordinary medical expenses include co-payments and deductibles, and most uninsured medical-related costs for children, but do not normally include remedial care costs.